If you were injured in a car accident caused by another driver, you may be entitled to financial compensation through a personal injury lawsuit. A successful claim can help you recover damages for medical bills, lost income, property damage, and pain and suffering. However, New Jersey has strict deadlines for filing these lawsuits. This time limit is known as the statute of limitations, and if you miss it, you could lose your right to pursue compensation. In New Jersey, the statute of limitations for car accident claims is two years from the date of the accident.
If you’ve been injured in a crash in Atlantic County, a knowledgeable car accident lawyer can help you meet all deadlines, build a strong case, and ensure your claim is filed on time.
Why Does New Jersey Have a Statute of Limitations?
The statute of limitations serves several important purposes in car accident cases:
- Preserving Evidence: As time passes, physical evidence may be lost, and witnesses’ memories may fade. The deadline helps ensure that claims are filed while information is still reliable.
- Protecting Defendants: Defendants should not have to live under the indefinite threat of legal action. The statute provides finality and fairness by setting a reasonable limit.
- Promoting Timely Resolution: Filing a claim quickly allows accident victims to resolve their legal and financial issues sooner, especially when dealing with medical bills or missed work.
Are There Exceptions to the Two-Year Rule?
Yes, New Jersey law provides certain exceptions to the two-year statute of limitations in car accident cases:
- Minors: If the injured party is under 18, the clock does not start until their 18th birthday. However, parents or legal guardians may still file a claim on their behalf before that time.
- Mental Incapacity: If a victim is mentally incapacitated from the accident and unable to understand their legal rights, the statute of limitations may be paused until they regain capacity.
- Government Entities: If your accident involved a government vehicle or employee, you must file a formal notice of claim within 90 days of the crash before filing a lawsuit.
- Defendant Avoidance: If the at-fault driver leaves the state to avoid legal action, the time they are out of New Jersey does not count toward the statute of limitations.
How Long Does It Take to Resolve a Car Accident Claim?
The timeline for resolving a claim can vary significantly depending on the circumstances. Some cases settle in a few months, while others may take a year or more. Factors that affect the length of a case include:
- The severity of your injuries
- Whether liability is disputed
- The complexity of your case
- The insurance company’s willingness to negotiate
- Whether litigation becomes necessary
An experienced Atlantic County car accident attorney can help move the process forward efficiently and ensure you aren’t pressured into an unfair settlement.
What Happens If You Miss the Deadline?
Missing the statute of limitations can have serious consequences. If you file your lawsuit after the deadline, the court will likely dismiss your case, and you will lose your right to pursue compensation, regardless of how strong your claim may be. There are no second chances, so it’s essential to act quickly.
What Can You Do to Strengthen Your Car Accident Claim?
To protect your legal rights and build a strong claim, take the following steps after your accident:
- Get medical treatment immediately. This protects your health and provides medical documentation to support your injuries.
- Report the accident to the police and your insurance company. A police report creates a valuable record of the incident.
- Gather evidence at the scene. If possible, take photos of vehicle damage, road conditions, skid marks, and visible injuries. Get contact information from witnesses.
- Keep records of all losses. This includes medical bills, lost wages, and out-of-pocket expenses related to the crash.
- Contact a car accident lawyer. An attorney can investigate your case, negotiate with insurers, and ensure your claim is filed on time.
Atlantic County Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Will Help You Meet Deadlines
If you were hurt in a crash, don’t wait to take legal action. The Atlantic County car accident lawyers at Kitrick, McWeeney & Wells, LLC will guide you through every step of the claims process. To schedule a free consultation, call 732-920-8383 or contact us online. With offices in Manasquan and Brick, we serve clients throughout the state.